Construction Defects and the Defects Liability (Bedek) Period — Owner's Rights vs. the Contractor

A new building handed over by the contractor usually looks perfect on handover day. But it is precisely in the first years that the real defects begin to surface — a leak that appears after the first rain, a crack that opens as the structure "settles," a tap dripping behind a wall, a system that was not installed as agreed. For a property owner — a private individual, a company that bought an office floor, or a committee that took over a building — knowing that there are rights defined in law is the difference between a repair the contractor is obligated to carry out and damage you are left holding. The framework that establishes these rights is the Sale (Apartments) Law, 5733-1973, and it clearly defines what falls on the seller — the contractor or the developer — when defects are discovered in a new property.

The Legal Framework — What the Sale (Apartments) Law Establishes

The Sale (Apartments) Law, 5733-1973, was designed to protect the buyer of a new property against the unequal gap between a single buyer and a contractor or developer. The law imposes on the "seller" — whoever sold the property they built or had built for them — liability for non-conformities and defects in the property that was handed over. In other words: a contractor cannot "sell and disappear." Even after handover, the law continues to hold them liable for the quality of the construction for a defined period.

The underlying principle is that the property must conform to what was promised — to the technical specification, to the applicable standards, and to reasonable soundness of the systems and the structure. A gap between what was actually delivered and what the seller committed to is a "non-conformity" that the law allows you to demand be fixed. It is important to stress: this is a right that exists by force of the law, and not only by force of some clause or other in the contract — and therefore a contractor cannot "waive" it in a biased contract.

This framework is relevant not only to an apartment buyer, but also to a company that took over an office floor in a new building, and to a building manager overseeing a handover. Whoever manages the process of taking over a new building would do well to document defects from day one — see the office building handover checklist for an orderly process.

The Defects Liability (Bedek) Period vs. the Warranty Period — The Critical Distinction

The most common confusion around this topic is between two terms that sound similar but differ substantially: the defects liability (bedek) period and the warranty period. The Sale (Apartments) Law distinguishes between them, and the distinction actually shifts the burden of proof — who has to prove what.

• The defects liability (bedek) period: this is the first period after handover, during which the seller is held liable for defects that are discovered. In essence, during it the burden of proof tends in the owner's favor — if a defect is discovered, the presumption is that it is the seller's responsibility, unless they prove otherwise (for example, that it was caused by unreasonable use or by natural wear).
• The warranty period: this is the period that follows the defects liability (bedek) period. The seller has liability here too, but the burden of proof usually shifts — here the owner must show that the source of the defect lies in the construction or the design, and not in an external cause.

The practical point: a defect discovered during the defects liability (bedek) period is easier to enforce, and therefore early detection and orderly documentation in the first years are worth a great deal. The longer you wait — not only does the period shorten, but the burden of proof grows heavier.

It is also important to understand that this distinction is not merely technical. It affects strategy: during the defects liability (bedek) period, the owner can demand a repair with relatively high confidence, because the presumption tends in their favor. As you move into the warranty period, it is worth backing every claim with a professional expert opinion that establishes the source of the defect. Whoever understands the difference manages their timeline correctly — and does not discover too late that the favorable window has closed.

How Long — Why There Is No Single Answer

The first question everyone asks is "how long does the defects liability (bedek) period last?" The most important answer: there is no single number. The Sale (Apartments) Law sets a different duration for different components, according to the nature of the component and the type of defect. The logic is simple — a waterproofing defect that may only surface after several rainy seasons is not the same as a defect in an internal finish that surfaces within weeks.

Therefore, the duration varies between categories such as:

• Waterproofing defects, water penetration and dampness — components whose failure usually surfaces over time;
• Plumbing, drainage and piping systems;
• Electrical and air-conditioning systems;
• Finishing defects, plaster, flooring and carpentry.

An essential recommendation: do not rely on a number you remembered from some publication or heard from a contractor. The durations of the defects liability (bedek) and warranty periods vary by component and are set in the schedule/table within the law, and the law is updated. You must always verify against the current text of the law and its schedule regarding the specific component relevant to your defect, preferably with professional support. In this document we will deliberately not quote durations in numbers so as not to mislead — the only rule that can be stated with confidence is that the duration is component-dependent.

The Owner's Rights — What You Are Owed vs. the Contractor

When a defect that is the seller's responsibility is discovered, the law grants the owner a clear set of rights. These are not "favors" the contractor does — they are obligations imposed on them:

• The right to repair of the defect: the default is that the seller repairs the non-conformity at their own expense, so that the property meets what was promised.
• The right to compensation or restitution: if the defect was not properly repaired, or was not repaired within a reasonable time, rights to compensation or to payment of the cost of the repair may arise.
• Protection against an unfair stipulation: the law limits the seller's ability to have the buyer sign sweeping waivers of their rights — a clause in the contract that tries to nullify the Sale Law will not necessarily hold.

On the other hand, these rights have a condition: the owner must act correctly procedurally — first, give notice of the defect, and allow the seller their right to repair. This is exactly where many fail, and lose good rights because of mistaken conduct. We will therefore devote the next section to the process.

The Correct Process — Written Notice and the Seller's Right to Repair

Even when the right is clear, the path to realizing it runs through a procedure the law expects. Two central principles dictate almost every case:

1. Written Notice, Within a Reasonable Time

The owner must notify the seller of the defect — in writing and within a reasonable time from the moment they discovered it or should have discovered it. An oral notice, a phone call or a remark to the site manager are no substitute for a documented record. The notice should describe the defect, its location, and when it was discovered. Precise documentation of the date of discovery and of the delivery of the notice is critical — it is what determines whether you acted "within a reasonable time."

2. The Seller's Right to Repair

After the notice, the law grants the seller an opportunity to repair the defect. This is a substantive principle: you cannot skip it and immediately sue an external party for the cost of the repair. The seller must be given a reasonable opportunity to repair, and only if they did not repair it — or if the repair was faulty or recurring — does the way open to further remedies. An owner who brings in an external contractor to repair without giving the seller their right to repair may impair their rights.

The practical meaning: document everything, and do not act hastily. A dated written notice, tracking the seller's response, documenting visits and repairs, and documenting a repair that failed — all of these build a strong file. If the seller evades or repairs only partially, orderly documentation is what will allow you to establish a claim.

Why an Engineer's Defect Survey Strengthens Every Claim

Distinguishing between a genuine defect and "reasonable wear" or "faulty use" is at the heart of the dispute with the contractor. This is where the owner's most powerful tool comes in: an engineer's expert opinion — a professional, independent defect survey. An engineer or a building-inspection expert goes over the property systematically, identifies the defects, determines their source, and writes a professional document describing each of them and the way to repair it.

Such a survey has several decisive advantages:

• It turns a subjective complaint into professional evidence: instead of "it seems to me there's a problem," there is an expert's document that points to a non-conformity with a standard or a specification.
• It distinguishes between a construction defect and wear: precisely the distinction that determines whether the seller is liable — and a professional is the one who can establish it.
• It documents the full scope of the defects: usually an owner sees only some of the defects; a systematic survey exposes the hidden ones too.
• It strengthens any proceeding: whether against the contractor directly or later on — a professional expert opinion is a document that is hard to ignore.

The value of independent engineering supervision does not begin at the end — it is relevant throughout the life of the project, including during the construction itself. We expanded on this in the role of independent engineering supervision.

Common Types of Defects — What to Look For

Knowing what to look for is half the work. These are the categories of defects that recur most in new buildings, and that are worth examining deliberately:

Waterproofing and Dampness

The most expensive and common group of defects. Water penetration through the roof, exterior walls, windows or balconies; dampness that appears as stains, peeling paint or mold; faulty waterproofing in wet areas. Waterproofing defects tend to surface precisely in the first rainy season — and therefore it is important to inspect the property after the rain.

Plumbing and Piping

Hidden leaks behind walls, faulty water pressure, drainage that does not function, improper connections. These defects are dangerous because they are "silent" — damage that accumulates before you see it.

Cracks and Structural Defects

Cracks in walls and ceilings. Some are reasonable "settlement cracks," but some indicate a structural defect. It is precisely here that the professional distinction is critical — not every crack is equal, and an engineer's survey is what will determine it.

Systems — Electrical, Air-Conditioning and Fire Detection

Systems installed contrary to the specification, equipment that does not match what was promised, safety systems that were not handed over in sound condition. In an office building, a defect in a safety system is not only a liability issue with the contractor — it is also a regulatory exposure, because without them there is no valid Form 4 and occupancy permit.

Documentation Discipline — The File That Wins or Loses

We have said this several times, and deliberately: documentation is the owner's most important legal asset. Against a contractor who will argue "I didn't know," "that's wear," or "you notified too late," the documented file is what determines the outcome. Here is what it is made of:

1. The handover documents and the specification: the contract, the technical specification, the handover protocol and the list of reservations recorded on handover day — the basis for comparing what was promised with what was delivered.
2. Dated visual documentation: photos and videos of every defect, with a date, and preferably over time to show development (for example, a widening crack or a growing dampness stain).
3. The written defect notices: every notice sent to the seller, with proof of delivery/receipt and a date — the evidence that you acted within a reasonable time and gave the right to repair.
4. A repair-tracking log: when the contractor arrived, what they repaired, whether the repair held or failed — especially documentation of a recurring repair that did not resolve the issue.
5. A professional expert opinion: an engineer's defect survey, which consolidates and establishes everything into one admissible document.

Without this discipline, even a just claim is weakened. With this discipline, the owner acts from a position of strength.

What a Building Manager Should Do in the Handover Year

For a building manager or a committee that took over a new building, the first handover year is a window of opportunity that does not return. The defects liability (bedek) period, in which the burden of proof is favorable, will not last forever — and therefore passivity in the first year is the most expensive mistake. These are the practical steps:

• Deliberate, early review: do not wait for the defect to "appear." Go out and look for it — especially after the first rain, and at the change of seasons, when waterproofing and structural defects surface.
• Consolidate all the residents/tenants: a defect at one unit may be a general symptom. Consolidated collection of complaints paints the true picture.
• Deliver written notices throughout the year — not at its end: every defect reported in real time, in writing and documented. Do not accumulate one big list sent at the last moment.
• Order a defect survey in time: it is better to order an engineer's expert opinion early enough so that there is time to deliver notices and give the right to repair while you are still within the favorable period.
• Track repairs through to closure: a repair that was opened is not a repair that was closed. You must verify that every defect was handled, and document a failed repair.

The full framework for correctly managing the first year in a new building is consolidated in the guide to the first 12 months in a new building. And for anyone who wants a broad picture of the regulatory, licensing and maintenance domains around a building — Domera's Knowledge Hub gathers all the guides in one place.

The Coordinating Party — Why It Collapses Without a Single Owner

The most common failure in taking over a new building is not a lack of rights — but that no one manages their realization. One defect is handled, a second is forgotten, one notice is sent, another is postponed, the right to repair is wasted, and the defects liability (bedek) period passes while everyone "intends to deal with it." A single managerial party that consolidates all the defects, documents, sends notices in time, orders the engineer and tracks every repair through to closure — is the difference between rights on paper and a property that was handed over sound.

At Domera we accompany property owners and building managers throughout the defects liability (bedek) and warranty periods — mapping and documenting defects, managing the written notices with the contractor, coordinating an engineering defect survey and tracking repairs through to closure. Read more in the guide to the first 12 months and in the role of independent engineering supervision, or get a quote for accompanying your building handover.